Lugar de Noticias Haynes and Boone
Texas Supreme Court Restricts Access to Computer Hard Drives
The rising volume of electronic communications and electronic data storage has changed the game in complex commercial litigation. Today, the party that knows the electronic data the best generally wins. It is no longer enough to simply know how to review documents on your computer rather than in a warehouse. Instead, parties must go the extra step and maximize the evidence found through computer forensics, leaving no electronic rock unturned.
Computer forensics can lead to the discovery of relevant and admissible evidence that your opponent attempted to delete or that would have remained hidden in your opponent’s metadata, free space, or fragments. However, the biggest hurdle to successfully using computer forensics is forcing the production of your opponent’s electronic data.
Reproduced with permission from Headnotes, a publication of the Dallas Bar Association, May 2010, Vol. 34, No. 5.
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